HomeMy WebLinkAbout2012-06-05; City Council; Minutes (2)MINUTES
MEETING OF: CITY OF CARLSBAD
CITY COUNCIL (Regular Meeting)
DATE OF MEETING: June 5, 2012
TIME OF MEETING: 6:00 p.m.
PLACE OF MEETING: City Council Chambers, 1200 Carisbad Village Drive,
Carlsbad, CA 92008
CALL TO ORDER: Mayor Hall called the Meeting to order at 6:00 p.m.
ROLL CALL was taken by the Assistant City Clerk, as follows:
Present: Council Members Hail, Kulchin, Blackburn, Douglas and Packard.
Absent: None.
LEGISLATIVE INVOCATION:
Pastor Robert Buzbee from North Coast Calvary Chapel gave the legislative invocation.
PLEDGE OF ALLEGIANCE:
Council Member Packard led the pledge of allegiance.
PRESENTATIONS:
Mayor Pro Tem Kulchin presented a proclamation in recognition of Carlsbad Historic
Preservation Month to members of the Historic Preservation Commission.
Deputy Library Director Suzanne Smithson presented awards to the winning students of
the Third Grade Art Contest.
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION:
Mayor Hall announced that Council met in closed session at 4:45 p.m. on June 5, 2012 to
discuss two items. The first item was regarding real property located at Westfield's Plaza
Camino Real. The City Council heard and considered the information and directed the
City Attorney and staff in what it believes to be in the best interests of the citizens of
Carlsbad. No final action was taken and it will be reported out at a future meeting when
final action is taken.
The second item is concerning the California Energy Commission's approval of a permit
for NRG to build a second power plant The City Council unanimously authorized the City
Attorney to file a Petition for Review by the California Supreme Court.
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of
the Consent Calendar, Items #1 through # 3 as follows:
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
June 5, 2012 Carlsbad City Council Meeting Page 2
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1. AB #20.918 - ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 2012-122. accepting a cash donation from the
Friends of Carrillo Ranch, Inc. to supplement existing seating in the Kindle Theater;
and, authorizing the Finance Director to appropriate the received funds to the Leo
Carrillo Ranch Trust Fund.
2. AB #20.919 - SUMMARY VACATION OF EASEMENT FOR SLOPE AND
CONSTRUCTION PURPOSES.
Council adopted RESOLUTION NO. 2012-123. summarily vacating a portion of an
easement for slope and construction purposes adjacent to the south side of
Palomar Airport Road west of El Camino Real within the Palomar Commons
Project, STV 12-05.
3. AB #20.920 - NOTICE OF RESTRICTION FOR THE CARLSBAD MUNICIPAL GOLF
COURSE MAPPING PROJECT.
Council adopted RESOLUTION NO. 2012-124. authorizing the Mayor to execute,
and the City Clerk to record, a Nofice of Restriction for the Carlsbad Municipal Golf
Course Mapping project.
ORDINANCE FOR INTRODUCTION:
4. AB #20.921 - REFUND OF CARLSBAD TOURISM BUSINESS IMPROVEMENT
DISTRICT (CTBID) ASSESSMENTS.
City Attorney Ron Ball provided a brief explanation and titled the ordinance.
ACTION: On a mofion by Mayor Pro Tem Kulchin, Council
introduced ORDINANCE NO. CS-185. amending the
Carlsbad Municipal Code, Chapter 3.37, by the addition
of Secfion 3.37.055, relafing to the refund of CTBID
assessments.
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ORDINANCE FOR ADOPTION:
5. AB #20.922 - AMEND THE 2012 FIRE CODE.
City Attorney Ron Ball explained that although Council adopted Ordinance No. CS-184 at
a special Council meefing held May 29, 2012, Califomia General Law states that
ordinances cannot be adopted at special meefings. Mr. Ball added that Carlsbad as a
charter city is not necessarily governed by that regulation, but the City has no provision in
its charter overriding that law. He recommended that Council readopt Ordinance No. CS-
184.
June 5, 2012 Carlsbad City Council Meeting Page 3
Mr. Ball also explained that the California Energy Commission found Ordinance No. CS-
184 consistent with its decision that it would be the primary responder and the Carlsbad
Fire Department would act as the secondary responder on a case-by-case basis if the
need arose. In addifion, he referenced a letter received by the City on June 5, 2012 from
NRG (on file in the Office of the City Clerk) asking for any environmental impacts this
ordinance would present. Mr. Ball said the California Energy Commission's findings
indicated that Ordinance No. CS-184 produces no special adverse environmental impacts.
Kerry Siekmann came fon/vard thanking Council and staff for their efforts on behalf of the
city with the California Energy Commission.
City Attorney Ball tified the ordinance.
ACTION: On a mofion by Mayor Pro Tem Kulchin, Council
readopted ORDINANCE NO. CS-184. amending the
Carlsbad Municipal Code, Title 17, Chapter 17.04 Fire
Prevenfion Code to modify the 2010 addifion of the
California Fire Code due to local climatic, geological or
topographical condifions or infrastructure limitafions.
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
PUBLIC COMMENT:
Scott Chasin came fonA^ard to address Council. Mr. Chasin referenced a letter he
delivered to Council earlier in the day regarding an incident involving a Carlsbad Police
Officer.
Bob Wilkinson came forward to address Council. Mr. Wilkinson requested Council
consider taking ownership of the blufftop land along Carlsbad Boulevard from south of
Ocean Street to the neighborhood of Terramar, explaining that community-wide input via
the General Plan update supports a more active waterfront in the City. He added that the
Northwest Quadrant is deficient in parkland and acquiring the property could be included
in the land swap the city is currently working on with the state.
Steve Landis encouraged Council to establish a "cutting edge" relationship with the
schools in Carlsbad to include funding to assist with promoting the school system as a
world-class system and to help maintain the schools' standards.
In response to an inquiry from Mayor Hall, Mr. Landis replied that he was speaking only to
schools within the Carlsbad Unified School District.
PUBLIC HEARING:
6. AB #20.923 - AMENDMENT TO THE 2011-2012 COMMUNITY DEVELOMENT
BLOCK GRANT PROGRAM ACTION PLAN.
Senior Management Analyst Frank Boensch gave the staff report and PowerPoint
presentation (on file in the Office of the City Clerk).
June 5, 2012 Carlsbad City Council Meeting Page 4
Council Member Blackburn inquired about potenfial restrictions regarding the Chestnut
Street crossing project and if the funds could be reallocated if the project doesn't proceed.
Mr. Boensch replied the funds could be reallocated and there was no set time limit on
reallocafion.
In response to an inquiry from Council Member Douglas, Mr. Boensch stated that CDBG
funds are not restricted to only being used for housing. He added that properties in
Carlsbad are too expensive to be used for affordable housing projects. HUD has no
regulations stating the city has to use the funds on affordable housing.
Council Member Packard asked if HUD supported the allocafion of funding for the low
income housing project in Vista.
Mr. Boensch replied that a proposal letter had been sent to HUD, who is generally
supportive of these types of projects. Carlsbad has allocated CDBG funding to a project
outside of the city in the past.
In response to an inquiry from Council Member Douglas, a representative from Community
Housing Works explained that the agency would combine and aggregate funds from a
number of different sources to allow them to build the new project. Primary funding will
come from low income housing tax credits. Addifional funding sources are a land donation
from the City of Vista, former redevelopment set aside funds, private sources, and the
Federal Home Loan Savings Bank that brings in private dollars from its proceeds in
support of affordable housing is a potential source because of the units designated for
tenants with special needs.
Mayor Hall opened the duly noticed Public Hearing at 6:55 p.m.
Seeing no one wishing to speak. Mayor Hall closed the Public Hearing at 6:55 p.m.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council
adopted RESOLUTION NO. 2012-125. authorizing the
submittal of an amendment to the City's 2011-12
Community Development Block Grant (CDBG) Program
Action Plan to the U.S. Department of Housing and
Urban Development; and, authorizing the City Manager
to execute funding agreements.
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL
WATER DISTRICT BOARD
Mayor Hall adjoumed to the Special Meeting of the City of Carlsbad Municipal Water
District Board at 6:56 p.m.
RECONVENE:
Mayor Hall reconvened the City Council meeting at 6:57 p.m. with five Council Members
present.
Junes, 2012 Carlsbad City Council Meeting Page 5
DEPARTMENTAL AND CITY MANAGER REPORTS:
7. AB #20.924 - FISCAL YEAR 2012-13 PRELIMINARY OPERATING BUDGET
PRESENTATION.
Finance Director Chuck McBride and Finance Manager Judi Vincent gave the staff report
and PowerPoint presentafion (on file in the Office of the City Clerk).
The following staff members also participated in the presentafion:
Deputy City Manager Cynthia Haas
Economic Development Manager Kathy Dodson
Community and Economic Development Director Gary Barbaric
Transportafion Director Skip Hammann
Fire Chief Kevin Crawford
Police Chief Gary Morrison
Assistant City Manager John Coates
The following people spoke in support of the acquisition of open space:
Pat Bleha, North County Advocates
Ann Spacie,Batiquitos Lagoon Foundafion
Dennis Nygaard , who also presented a video (on file in the Office of the City Clerk)
Regg Anfie,Buena Vista Lagoon Foundafion
Jay Klopfenstein
Gary Nessim
MaryAnn Viney
Diane Nygaard, Preserve Calavera
Thom Spanos, San Diego Coastkeeper
Kasey Cinciarelli
Karen Merrill
Andy Mauro,Buena Vista Audubon Society
Don Christiansen, the Sustainability Coalifion
Joyce Gammon, Friends of Buena Vista
Mel Vernon, San Luis Rey Mission Band of Indians
Susan Cratty (Ms. Cratty also read a supporting statement from Shelly Hayes Carron) Ms.
Cratty also presented two handouts to Council (on file in the Office of the City Clerk).
The following people requested that the City continue working with the Carlsbad Unified
School District to assist the District with its financial issues:
Claudine Jones
Ray Pearson
Council Member Blackburn requested a future presentation from staff regarding open
space properties identified by the Open Space Committee.
In response to an inquiry from Mayor Pro Tem Kulchin, Mr. McBride stated that
approximately $5 million Prop C (open space) funding remains.
Council received the presentafion and concurred to set the Public Hearing on the 2012-13
operafing budget for June 26, 2012.
Junes, 2012 Carlsbad City Council Meeting Page 6
8. AB #20.925 - UPDATE ON CITY'S BEST VALUE SERVICES PROGRAM.
Deputy City Manager Cynthia Haas and Senior Management Analyst Greg Hermann
provided the staff report and PowerPoint presentafion (on file in the Office of the City
Clerk).
In response to an inquiry from Council Member Blackburn, Ms. Haas said all materials
regarding the operafional assessments would be available for public input.
Discussion ensued among Council Members regarding the process for evaluafing and
implemenfing the operational assessments.
At the suggesfion of City Manager Lisa Hildabrand, Council concurred that the consultant
continue with gathering information for the operafional assessment of the Transportation
Department while Council reviewed the operafional assessment for the Parks and
Recreation Department; and, not to move fon^^ard with the implementation portion of the
program unfil such time as the first assessment has been completed.
COUNCIL REPORTS AND COMMENTS:
Mayor Hall and Council Members reported on activities and meetings of some committees
and sub-committees of which they are members.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
ANNOUNCEMENTS:
Mayor Hall announced that Council Members have been invited to attend, and may be
participating in the following events:
Saturday, June 9, 2012 - 8:00 am to 4:00 pm
Carlsbad Beach Fest
Project of the Carlsbad Beach Fest Foundation
Frazee State Beach to Tamarack State Beach, Carlsbad
ADJOURNMENT:
Mayor Hall adjourned the Regular Meeting of June 5, 2012 adjourned at 9:56 p.m. in the
memory of community activist Thelma Hayes.
[NDTZJtMC
Assistant City Clerk